Section 34 CrPC: Withdrawal of Powers – Code of Criminal Procedure

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Section 34 CrPC: Withdrawal of Powers

This section deals with the power of the appropriate Government to withdraw powers conferred on certain authorities under the Code of Criminal Procedure, 1973 (CrPC).

1. State the Code

Section 34 CrPC states:

“The appropriate Government may, by notification in the Official Gazette, withdraw, either absolutely or for a specified period, any powers conferred by or under this Code on any authority.

2. Explain it

  • This section grants the power to the appropriate Government (Central or State) to revoke any powers bestowed upon authorities under CrPC.
  • The withdrawal can be either permanent (“absolutely”) or temporary (“for a specified period”).
  • The withdrawal must be done through a public notification in the Official Gazette, ensuring transparency.
  • The power to withdraw can be exercised in situations where the Government feels it necessary to control or modify the exercise of powers by authorities.

3. Illustrate it

For example, the Government may decide to withdraw the power of a Magistrate to issue search warrants in certain specific circumstances. This could be done due to concerns regarding misuse of power or to implement new regulations. The withdrawal will be notified in the official Gazette, making it publicly known.

4. Common Questions and Answers

Q: What is the purpose of this section?

A: This section empowers the Government to control the exercise of powers by authorities under CrPC, ensuring accountability and preventing misuse.

Q: Who has the power to withdraw powers under this section?

A: The appropriate Government, which can be either the Central Government or the State Government, has the authority.

Also Read  Indian Penal Code Section 139: Persons Subject to Certain Acts

Q: What are the ways in which powers can be withdrawn?

A: The withdrawal can be either permanent or temporary, based on the specific circumstances and the Government’s intention.

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